Among other possibilities, permanent residence may be obtained through an employment-based or a family-based petition, allowing an individual to live and work in the United States for an indefinite period of time, subject to restrictions and requirements.
Family-Based
United States citizens and permanent residents may petition their qualifying foreign relatives to become United States permanent residents. Depending on the familial relationship between the petitioner and the qualifying foreign relative, family-based petitions fall into two categories, immediate-relatives and family preferences, each subject to certain restrictions and requirements. Note that except for Immediate Relative petitions, all family-based petitions are subject to an annual quota.
- Immediate Relatives: Spouses, children (defined as unmarried and under the age of 21), and parents of United States citizens.
- First-Preference: Unmarried sons and daughters of United States citizens.
- Second-preference: Spouses and children, and unmarried sons and daughters of permanent resident in the following order:
- Spouses and children of United States permanent residents
- Unmarried sons and daughters of United States permanent residents.
- Third Preference: Married sons and daughters of United States citizens.
- Fourth-preference: Brothers and sisters of adult United States citizens.
Employment-Based & Business
The employment-based immigrant visa category is also organized into a preference system. There are five preferences for employment-based petitions, each subject to an annual quota and certain restrictions and requirements.
- First Preference or EB-1:
- "Extraordinary Ability" in the sciences, arts, education, Business and athletics
- Outstanding Professors and Researchers
- Intra-Company Transfers - Executive or Managers
Petitions filed under this preference category do not require going through the time-consuming labor certification process, but are nonetheless subject to other restrictions and requirements.
- Second Preference or EB-2:
- Professionals with advanced degrees
- Aliens of "Exceptional Ability" in the sciences, arts or business
Generally, in addition to other restrictions and requirements, petitions filed under this preference category require an offer of employment and that the potential employer complete the labor certification process. In limited circumstances, a "national interest waiver" of the labor certification requirement may be obtained.
- Third Preference or EB-3:
- Professionals with bachelor's degrees
- Skilled workers filing positions requiring at least two years of training or work experience
- Other workers (less than two years of training or work experience)
Generally, in addition to other restrictions and requirements, petitions filed under this preference category require an offer of employment and that the potential employer complete the labor certification process.
- Fourth Preference or EB-4: Special Immigrant Visa Workers.
- Qualified ministers and religious workers, and
- Other limited categories
- Fifth Preference or EB-5: Employment Creation
- Investors with:
- An investment of at least $1,000,000 in an active U.S. business which employs at least 10 persons, or
- In designated targeted employment areas (qualifying rural areas, or locations with unemployment rate 150% of national average), an investment of $500,000 with creation of 10 jobs may qualify.
Residence based on this preference is granted on a conditional basis for two years. If investment and employment continue beyond the two years, the conditions on residence may be removed after filing a timely and successful "Petition by Entrepreneur to Remove Conditions".